Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "used" includes the words "designed, intended or arranged to be used," and said words may be used interchangeably; the term "land use" includes also the use of a building unless the context indicates otherwise; the word "lot" includes the words "plot" or "tract;" the word "land" shall include water, surface and land under water; the word "shall" is mandatory and not directory; the word "person" includes also the terms firm, partnership or corporation, or any executor, administrator, assign or agent of any of the foregoing.

(Ord. No. 299-1995, 12-28-95)

For the purposes of the chapter, certain words and terms are defined as follows:

Accessory structure or use: A garage, carport, tool shed, bathhouse, tennis court, swimming pool, spa, hot tub, dock facility or other structure of a similar nature on a lot or parcel that is subordinate to the main or principal building or use. Garden structures or greenhouses shall not be considered accessory buildings within the meaning of this definition.

Acre, net: For the purpose of defining density of dwelling units per acre, a net acre is a lot or parcel containing forty-three thousand five hundred sixty (43,560) square feet including utility easements, but excluding public streets or rights-of-way and excluding bay bottom and all property lying seaward of the mean high water line.

Addition: Any change in the footprint and/or structural supporting arrangements of a building.

Alteration: Any change or modification of construction, space arrangement and/or occupancy of a building, including but not limited to, electrical, plumbing, mechanical, and roofing.

Antennas as defined in this chapter shall include: any apparatus designed for transmitting and/or receiving of electromagnetic waves which includes but is not limited to telephonic, radio or television communications. Types of antennas include, but are not limited to: omni-directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM & TV), yaggie, or parabolic (dish) antennas.

The definition shall also include antenna supporting structures which means a vertical projection composed of metal, wood, or other substance with or without a foundation that is for the express purpose of accommodating antennas at a desired height above grade. Antenna-supporting structures may be either guyed, self-supporting (lattice), monopoles, or in some other configuration.

The definition shall not include amateur radio antennas to the extent that such local regulation is preempted by Florida Statute 125.561. However, under no circumstances shall an amateur radio antenna exceed 70 feet in height, but all antennas exceeding 40 feet shall be of crank-up type. Measurement should be from the crown of the road. (See article IV, supplemental regulations, section 101-26(1) for restrictions on antennas.)

Apartment building: See "dwelling, multifamily."

ASCE 24: A standard titled Flood-Resistant Design and Construction that is referenced by the Florida Building Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA.

Base flood: A flood having a 1-per cent chance of being equaled or exceeded in any given year. [Also defined in FBC, B, Section 202.] The base flood is commonly referred to as the "100-year flood" or the "1-per cent-annual chance flood."

Base flood elevation: The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 202.]

Basement: For the purposes of Article VIII Floodplain Management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 202; see "Basement (for flood loads)".]

Building: Any structure having a roof and which is entirely separated from any other structure by space. See also "structure."

Building area: The area of a building is the area computed from the dimensions at the exterior of the building walls, plus attached porches enclosed with glass or jalousies and with interiors finished in a manner comparable with that of the interior of the main part of the building including enclosed or open garages, open or screened porches, carports and similar structures.

Building height: The vertical distance from the crown of road to the highest point of the uppermost story.

Building, main: A main building is the building in which the principal use of a plot is conducted.

Club, beach: Persons associated together for profit or as a nonprofit organization for the purpose of providing ocean beach front property for ocean swimming, and may include a swimming pool, appurtenant buildings and grounds for other recreational purposes.

Club, private membership: Person or persons associated together for profit or as a nonprofit organization. Such clubs shall have a bona fide membership.

Coastal high hazard area: A special flood hazard area extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. Coastal high hazard areas are also referred to as "high hazard areas subject to high velocity wave action" or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1-V30, VE, or V.

Commission: The city commission.

Committee: The planning and zoning committee.

Community residential home: A dwelling unit licensed to serve clients of the department of health and rehabilitative services, which provides a living environment for 7 to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. The clients are limited to: children, the aged, physically disabled, handicapped, developmentally disabled, and mentally ill who do not constitute a direct threat to the health, property and safety of the neighborhood. State statutory requirements must be met, including definitions of the foregoing categories, a municipal review process, a 1,200 foot minimum spacing between such homes and a 500 foot distance from an R-1 or R-2 district.

Construction vehicle: Any type of trencher, grader, tractor, back hoe, dragline, crane, trailer, derrick, hoist, roller, lowboy or other machines used for construction, either self-propelled or without independent motive power, which are used for construction or industrial purposes. Construction vehicle shall not include a motor vehicle primarily designed to transport persons.

Declaration of Land Restriction (Nonconversion Agreement): A form provided by the Floodplain Administrator to be signed by the owner and recorded on the property deed in Official Records of the Clerk of Courts, for the owner to agree not to convert or modify in any manner that is inconsistent with the terms of the building permit and these regulations, enclosures below elevated buildings.

Density: The site area available for development, including the land needed for private internal drives but excluding adjacent rights-of-way and land below the mean high tide.

Design

flood: The flood associated with the greater of the following two areas: [Also defined in FBC, B, Section 202.]

(1)

Area with a floodplain subject to a 1-per cent or greater chance of flooding in any year; or

(2)

Area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Design flood elevation: The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 202.]

Development: For the purposes of Article VIII, Floodplain Management, any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operations or any other land disturbing activities.

Dock box: A storage container for marine and fishing gear not to exceed 3 feet wide by 3 feet high by 6 feet long.

Dockside shelter: A structure that is open on all sides with a roof and located close to the canal.

Dwelling, multiunit: A building or coordinated complex of buildings each of which contains 3 or more dwelling units.

Dwelling, one unit: A building that contains one dwelling unit only, also a manufactured house, group home or family day care home as defined herein.

Dwelling, two unit: A single building or dwelling that contains 2 dwelling units, whether attached or one above the other.

Dwelling unit: A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. (See article IV, Supplemental Regulations, section 101-41 for dwelling unit standards.)

Existing building and existing structure: Any buildings and structures for which the "start of construction" commenced before July 16, 1971.

Family day care home: An HRS-licensed day care center for 5 or less children during school hours and 10 during nonschool hours.

Federal Emergency Management Agency (FEMA): The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program.

Fish-cleaning station: A table not to exceed 30 inches by 60 inches with or without an enclosed base.

Flood or flooding: A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 202.]

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

Flood damage-resistant materials: Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 202.]

Flood hazard area: The greater of the following two areas: [Also defined in FBC, B, Section 202.]

(1)

The area within a floodplain subject to a 1-per cent or greater chance of flooding in any year.

(2)

The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated.

Flood Insurance Rate Map (FIRM): The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 202.]

Flood Insurance Study (FIS): The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 202.]

Floodplain Administrator: The office or position designated and charged with the administration and enforcement of this article (may be referred to as the Floodplain Manager).

Floor: A surface within a building perimeter on which said surface a person can stand and which the vertical height of the space from the said floor exceeds 6 feet.

Cross reference— See definition of floor, article VIII.

Florida Building Code: The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential; Florida Building Code, Existing Building; Florida Building Code, Mechanical; Florida Building Code, Plumbing; Florida Building Code, Fuel Gas.

Frontage: The distance measured along a street right-of-way.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing facilities.

Garage, private: A structure for the private use of the owner or occupant of the principal building for the storage of noncommercial motor vehicles.

Garden structure: A structure such as a chickee, pergola, arbor, gazebo or structure of a similar nature.

Gasoline station: Any place that is designed or used for the retail sale and direct delivery to motor vehicles of fuels, lubricating oil, air, water and other operating commodities but not facilities for the installation of such commodities but not including the performance of any auto body work, welding, painting or other than emergency repairs on any motor vehicle.

Group home: A dwelling unit licensed to serve clients of the Department of Health and Rehabilitative Services which provides a living environment for 6 or less unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of residents. The clients are limited to: children (including foster children), the aged, physically disabled, handicapped, developmentally disabled and mentally ill who do not constitute a direct threat to the health, property and safety of the neighborhood. State statutory requirements must be met, including 1,000 foot (or more) spacing between such homes.

Habitable floor: Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof. A floor used only for storage and/or parking purposes is not a habitable floor.

Hardship: As relates to variances from this article means the exceptional difficulty associated with the land that would result from a failure to grant the requested variance. The community requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure.

Historic structure: Any structure that is determined eligible for the exception to the flood hazard area requirements of the Florida Building Code, Existing Building, Chapter 12 Historic Buildings.

Home occupation: See section 101-34(2).

Hotel: A building or group of buildings designed to provide sleeping accommodations for transient or overnight guests, and includes motor lodge, motel or any similar establishment. A hotel unit is a room or suite.

Letter of Map Change (LOMC): An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.

Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

Lighting, outside: Lighting devices installed on a building for the purpose of outside illumination.

Livable floor area: Building area less enclosed or open garages, open or screened porches, carports and similar structures.

Lot: A parcel of land designated on a recorded subdivision plat or any piece of land described by a legally recorded deed which is occupied or intended to be occupied by a building.

Lot, combined: A lot plus all or a portion of an adjacent lot or lots, each meeting minimum requirements of that land use district, which are aggregated together to form a single building lot in conformance with the requirements of this chapter.

Lot, corner: Any lot situated at the junction of and abutting on 2 or more intersecting or intercepting streets.

Lot coverage: Total area of all buildings and structures located on a lot. Maximum percent of lot coverage permitted shall not include projections of eaves, stairways, or fire escapes, but shall include any other covered area such as garage, carport, porch, balcony, storage area, swimming pool, etc. Uncovered parking area, swimming pool, patio, tennis court, shuffleboard or other game equipment shall not be included in computing coverage, whether screened or not screened.

Lot finished grade: The final grade of the lot immediately adjacent to the structure after construction is completed and landscaping is in place.

Lot grade: The natural elevation of a lot before construction.

Lot line, front: In the case of a lot abutting upon only one street, the front lot line is the line separating said lot from said street. On those lots which are at the end (dead-end) of the streets and which abut the 2 bays of water along the north side of the city, the front lot line will be that portion of the lot line that adjoins the side and/or the end of the street. In the case of any other lot, one such line shall be elected to be the front lot line for the purposes of this chapter, provided it is so designated by the building plans which meet the approval of the building official.

Lot line, rear: The boundary which is opposite and most distant from the front lot line. However, on those lots which are at the end (dead-end) of the streets and which abut the 2 bays of water along the north side of the city, the rear lot line will be that portion of the lot line along the canal and/or other body of water.

Lot line, side: Any lot boundary line not a front lot line or a rear lot line.

Lowest floor: The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 202.]

Manufactured house: A new dwelling unit which: (1) meets the HUD Manufactured Home Construction and Safety Standards, (2) is not a mobile home as defined in section 101-91, (3) meets the architectural review criteria in section 101-167, and (4) is constructed in one or more sections in the factory and trucked to the site for assembly on a foundation.

Market value: The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this article, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser.

Mean high water line: A line determined by a registered Florida land surveyor.

New construction: For the purposes of Article VIII, Floodplain Management and the flood-resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after July 16, 1971, and includes any subsequent improvements to such structures.

Nonconforming building or structure: A building or structure that has a size or location on the tract which does not conform with the regulations prescribed in this chapter but which was lawfully in existence at the time of the adoption of the regulations.

Nonconforming use: A use that does not conform to the regulations prescribed in this chapter for the district in which it is located but which was lawfully in existence at the time of the adoption of the regulations.

Ocean: Stevens Subdivision, and Block 6, part of Key Colony Beach Subdivision as they border the Atlantic Ocean.

Pet, household: Animals or birds that are customarily kept for personal enjoyment within the home. Such pets shall include dogs, domestic cats, domestic tropical birds, fish and hamsters (or similar small animals).

Private passenger vehicle: A noncommercial automobile, van sport utility vehicle or pick-up truck with a ¾-ton maximum capacity.

Public safety and nuisance: Anything which is injurious to safety or health of the entire community or a neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable canal or basin.

Restaurant: An establishment where meals or prepared foods, including beverages, are served to customers. (See article IV, Supplemental Regulations, section 101-42 for requirements for restaurants and bars.)

Sand dunes: Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Setback: The minimum horizontal distance which must remain free of structures between the street, rear or side lines of the lot, and the front, rear, or side lines of the walls of the building. When property is used and is adjacent to the Atlantic Ocean or Vaca Cut, the mean high water line will be used where the land to or seaward of the mean high water line is owned by the user.

Special flood hazard area: An area in the floodplain subject to a 1 per cent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMs as Zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 202.]

Start of construction: The date of issuance of permits for new construction and substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, or the construction of columns.

Permanent construction does not include land preparation (such as clearing, grading, or filling), the installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Also defined in FBC, B Section 202.]

Story: That portion of a building included between the upper surface of any habitable or commercial use floor and the upper surface of the habitable or commercial use floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost habitable or commercial use floor and the roof above.

Street grade: The level at the street center line, top of curb, or surface of cement sidewalk, whichever is the highest.

Structure: Anything which requires a location on a parcel of land or in the water, whether permanent or temporary, exceeding 18 inches above the lot finished grade or 18 inches above the mean high water line. "Structure" also includes swimming pools, advertising signs and decorative pools; but excludes fences, dockside shelters, fish-cleaning stations, davits, boat lifts, dock boxes, driveways, sidewalks, yard adornments, flag poles, antennae and items that do not extend more than 18 inches above lot finished grade.

Subdivision: A subdivision is a division of a lot, tract or parcel of land into 2 or more lots, plots, sites, for the purpose of sale, rent, lease, building development, anchorage or other use.

Cross reference— See definition for subdivision, article IX.

Substantial damage: Damage of any origin sustained by a building or structure whereby the cost of restoring the building or structure to its before-damaged condition would equal or exceed 50 per cent of the market value of the building or structure before the damage occurred. The term also includes flood-related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25 per cent of the market value of the structure before the damage occurred. [Also defined in FBC, B Section 202.] [Also defined in FBC, B Section 202.]

Substantial improvement: Any combination of repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure taking place during a 3-year period, the cumulative the cost of which equals or exceeds 50 per cent of the market value of the structure, either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is being restored, before the damage occurred. The period of accumulation begins when the first improvement or repair of each building is permitted subsequent to November 22, 2011. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. This term does not, however, include either:

(1)

Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

(2)

Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.

Swimming pool: A swimming pool is an in-ground structure containing therein a vessel of water for the purpose of recreational or hydrotherapy bathing of persons; it includes spas and hot tubs. An abovegrade pool is an outdoor pool with side walls that extend more than 18 inches above the lot finished grade.

Time-share period: That period of time when a purchaser of a time-sharing plan is entitled to the possession and use of the accommodations or facilities, or both, of a time-share plan.

Time-sharing plan: Any arrangement other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license or right-to-use agreement or by any other means, whereby a purchaser, in exchange for a consideration, receives a right to use accommodations or facilities, or both, for a specific period of time less than a full year during any given year, but not necessarily for consecutive years, and which extends for a period of more than 3 years.

Time-share unit: An accommodation or facility of a time-sharing plan which is divided into time-share periods.

Trellis: A structural frame with latticework used as a screen or as a support for climbing plants.

Utility use: Electric, telephone, cable, water, sewage or solid waste (recycling) facilities. A minor utility use serves only the adjacent blocks while a major utility use serves the entire city.

Vaca Cut: Stevens Subdivision Tract A; Vista del Sol Subdivision; and Coury II Subdivision, Block 3, Lots 10-30, Tract A, Tract E, and Block 2, Lots 46-48.

Variance: For the purposes of Article VIII Floodplain Management, a grant of relief from the requirements of this article, or the flood-resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this article or the Florida Building Code.

Waterfront: Any site shall be considered as waterfront premises provided any or all of its lot lines abut on or are contiguous to any body of water including canal, bay, ocean or any other body of water but not including a swimming pool.

Width of lot: The average width between the side lot lines of the lot.

Yard: An open space on the same lot with a building, said space being unoccupied or unobstructed from the ground upwards except as otherwise permitted herein.

Yard, front: The yard extending across the full width of the plot and lying between the front lines of the plot and the building on the streetside.

Yard, rear: The yard extending across the full width of the plot and lying between the rear lines of the plot and the building on the waterside if applicable.

Yard, side: The yard extending the full length of the plot and lying between the side lines of the plot and the building.

Yard adornments: Any statuary, fountain, bird bath, planter or similar item that is placed in any yard as a permanent adornment. (See article IV, Supplemental Regulations, section 101-26(10) for yard adornment regulations.)

Summary of District Regulations

Note: This is a summary table only; consult district regulations for full details.

;sz;9q;(1) 50 foot setback from Vaca Cut and 100 foot setback from Ocean.

;sz;9q;(2) 5 foot setback from Clara Boulevard and Coral Lane.

;sz;9q;(3) Applies to live-aboard boats only, other dwellings not permitted.

;sz;9q;(4) 40 foot setback from Sadowski Causeway.

;sz;9q;(5) 25 foot setback from a residential parcel.

(Ord. No. 299-1995, 12-28-95; Ord. No. 316-1998, 8-13-98; Ord. No. 336-2001, 5-24-01; Ord. No. 346-2002, 11-14-02; Ord. No. 348-2002, 11-27-02; Ord. No. 2018-456A, § 3, 1-10-19)